Signed Contracts_Twilight River Boar Docking LeaseMasterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael C. Van Milligen, City Manager
Don Vogt, Public Works Director
River Boat Docking Agreement
May 24, 2012
Dubuque
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AII- Americacity
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2007
INTRODUCTION
The purpose of this memorandum is to recommend your endorsement of the attached
River Boat Docking Agreement.
DISCUSSION
The attached River Boat Docking Agreement was developed by staff for large river
boats wishing to use the City's large boat docking facility at the Riverwalk's Alliant
Plaza. This particular agreement will allow the operators of the riverboat Twilight to use
the Alliant Plaza Dock under the terms stipulated in the agreement. The agreement
was developed and approved by City Attorney Barry Lindahl, Assistant City Manager
Cindy Steinhauser, and Finance Director Ken TeKippe. The requisite insurance
documents have been received and approved by Ken.
ACTION STEP
Your endorsement of the attached City of Dubuque Docking Agreement is requested.
Attachment
CITY OF DUBUQUE
DOCKING AGREEMENT
OWNER
CUSTOMER
NAME : City of Dubuque
ADDRESS : 50 W 13th Street
CITY; ST, ZIP-- = Dubuque,- Iowa
NAME :Twilight Riverboat
ADDRESS :River Cruises
P-O- Box - 172
CONTACT : John Klostermann
TELEPHONE : 563/589 -4348
FACSIMILE : 563/589 -4252
E -MAIL : jkloster @cityofdubuque.org
CITY, ST, ZIP :Scales, Mound, IL. 61075
CONTACT :Carrie Stier
TELEPHONE :815- 845 -2333
FACSIMILE
E -MAIL carrie.stier(a riverboattwilight.com
FACILITY
RATES /CHARGES
Port of Dubuque - Alliant Plaza Docking Facility
No cash charge. The parties hereto agree that sole
consideration shall be the economic benefit to the
community surrounding the Facility derived from the
passengers' visit to such community.
DESCRIPTION /PURPOSE OF ACCESS /USE
The Facility, will be utilized to embark and disembark passengers, to receive supplies and fuel aboard
the boat, to off -load trash for proper shore side disposal, to perform maintenance work of a minor
nature, and other such activities that are consistent with the operation of an up -scale overnight
excursion vessel.
1. Basic Agreement: In consideration of the Rates /Charges referenced in the relevant box above,
Owner hereby grants to Customer access to and the use of the Facility defined above, for the purposes
described above. The grant of access herein is on a first -come first served basis and does not constitute a
guarantee that the Facility will be available to the Customer at any particular time. Customer is
encouraged to coordinate its use of the Facility with other users.
Owner acknowledges Customer's Notice of Docking Dates, attached hereto as Exhibit A. In the event that
Customer's Docking Dates change from dates provided in Exhibit A, Customer must notify Owner in
writing of such changed dates no later than thirty (30) days from Customer's receipt of notice of changed
Docking Dates. If such thirty (30) day notice cannot be provided, Customer must notify Owner of changed
Docking Dates as soon as possible.
2. Safety and Notifications: Customer shall be responsible for ensuring that its employees, contractors
and invitees comply with applicable laws and obey any written safety rules provided by Owner. Customer
shall not intentionally interfere with other operations or create any danger or safety hazard at the Facility.
Customer shall notify Owner if it believes there are any safety or suitability problems, and in such an event
the parties agree to fully cooperate and resolve the same to their mutual satisfaction. Formal Notices
shall be address ed to the Con tact defined above for each of the parties and may be given by e-mail,
facsimile, or by mail. Notices will be deemed to have been received upon the production of a relevant
receipt document.
3. Liability and Indemnity: Each party agrees to be responsible for, and indemnify .and hold harmless the
other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine
and /or penalty applicable to (i) such party's employees, contractors, invitees and guests, and(ii) the
owned, leased or chartered vessels, equipment or other personal property of such party and /or its
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employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in any way
arises out of or relates to the Facility or Customer's access thereto and /or use thereof. Each party agrees
to waive any immunity from suit and /or exclusivity of remedy pursuant to any workers compensation act or
similar law in furtherance of the foregoing indemnity for employee injury claims. For purposes hereof, any
passenger of Customer shall be deemed Customer's invitee /guest but only while aboard Customer's
vessel, and /or while embarking or disembarking Customer's vessel on Customer - provided equipment.
With respect to all other matters, each party agrees to be responsible for, and indemnify and hold
harmless the other of and from ( including legal fees and costs), all loss, damage, expense, claim, liability
and /or suit to the - extent caused by its negligence `or` other legal `fault. - - —
4. Insurance: Customer shall maintain during the Term of this Agreement insurance as provided in the
attached Insurance Schedule. Owner shall maintain during the Term of this Agreement Owner's
membership in the Iowa Communities Assurance Pool or obtain general liability insurance with equivalent
coverage.
The parties shall exchange insurance certificates evidencing all of the foregoing insurances and
conditions upon execution of this Agreement and from time to time thereafter, as may be requested.
Should a party fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails
for any reason (including without limitation due to breach of condition or warranty), and /or if an insurer
refuses and /or is unable to pay, the party required to maintain such insurance above shall be deemed a
self- insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify
and hold .harmless the other of and from (including legal fees and costs) any loss, damage, expense,
claim, liability, suit, fine and /or penalty resulting from such failure.
5. Utilities: If any utilities are available at the Facility and Customer elects to connect to and /or utilize
such utilities during its visit, Customer agrees to be responsible for and to pay any and all connection
and /or usage charges.
6. Refuse and Garbage Removal. Customer shall not store any refuse or garbage at the Facility for any
length of time and shall make arrangements for the prompt removal of refuse and garbage from the
Facility. If Customer fails to promptly remove refuse and garbage from the Facility, Owner reserves the
right to prohibit removal of refuse and garbage upon Customer's docking at the Facility.
7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of
one year, and shall, absent Notice from one party hereto to another party hereto sixty (60) days or more in
advance of the then - current termination date, automatically renew for an additional one year term.
8. Governing Law. This Agreement shall be governed by the general maritime law of the United
States or, if no general maritime rule of law applies, then by the laws of the state of Iowa.
9. Default. If Customer fails to comply with any of the provisions of this Agreement within seven (7)
days after notice of noncompliance from Owner, Owner may terminate this Agreement.
10. Entire Agreement. This Agreement may be executed in counterparts and /or by electronic exchange
of signatures, with all such counterparts deemed the same single agreement and signatures exchanged
by electronic means deemed equivalent to original signatures. This constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous agreements, written and oral. This
Agreement shall not be modified except through a writing signed by both parties.
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DATED THIS / DAY OF 1/
Owner
Authorized Sig attire
Printed Name and Title
Authorized Sign tare
Printed Name and Title
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